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Building Disputes

By a Building Dispute I mean the not uncommon situation where the relationship between the builder and his client has completely broken down: the builder is complaining that he has not been paid, the client complains that the works have not been done properly, and both sides have stopped talking to each other.

The problem in these cases usually arises from one or more of the following: (a) the nature of the project has changed from what was planned; (b) no account or written agreement was kept regarding ‘extras’; (c) the person who might have exercised some control as an arbitrator – the architect – has left the scene.

On top of this, there is the danger of the legal costs of investigating each item of work outstripping the replacement cost of the item itself.

My approach is as follows:

  1. Draw up a basic history.
  2. Identify the original scope of the works.
  3. Identify all ‘extras’.
  4. Quantify the original works and the extras.
  5. Cost the work that has been done using a quantity surveyor.
  6. Cost the work that is yet to be done.
  7. Compile a list of issues.
  8. Draft a proposed settlement agreement.
  9. Meet with the other side and negotiate.

The above approach is practical and goal-orientated.

If you are involved in a building dispute and would like to discuss it in confidence, by all means, call me.

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